93

G.—2

Edwards received it from Supreme Court. Total of moneys received by Kemp is £13,810. I have made fullest inquiries, and cannot find that Kemp has received anything outside this amount. The payments are divided into five heads. The first four items under the first head were paid to Kemp by McDonald. The £400 was handed to the people. The next three items were received by the tribe from Hector McDonald. The next two items were moneys obtained by tribe from McDonald, and brought by the tribe to Wanganui and given to Kemp as a present. Next item, £300, was paid by McDonald to Ihaia Taueki and the tribe. Then there were a hundred sheep, given under Kemp's order to Aue Puihi ; value, £50. Then there were four hundred sheep, given by McDonald to Eaniera te Whata, on Kemp's order: £125. £50 was paid to Kiritotara on account of Euatangata. There are two payments to Warena, amounting to £170. £533 paid to Wirihana Hunia. Payment to Makere and Muaupoko of £1,000 : This was part of a sum of £1,300 said before the Commission to have been paid by McDonald to Baker. He kept £300 of it for costs. Payment of £100 to Eangimairehau : I saw it paid in Wellington. Hapeta Eangimairehau lives at Parihaka. He obtained £100 from Kemp on one of his visits here. The total amount under head No. lis £4,492. The Court sat in Foxton in 1873. Kemp contributed largely to costs. Amount put down is approximate. Court will understand that expense would be heavy—£2so. £20 was refunded by Kemp to Eenata Kawepo, who had paid it on behalf of Muaupoko. In 1886 Kemp paid railwaj'-fares of all the people from Levin to Palmerston and return ;he estimates cost at £36. Cost of food, firewood, and one item of rent, he estimates at £300. In 1890 Kemp expended £300 on behalf of tribe. I have personal knowledge that this is a reasonable charge for the maintenance of the people. I have personal knowledge of the next item of £200. I was present in Wellington with Kemp and Muaupoko during the session of 1890. I believe it cost Kemp more than £200. £30 is a reasonable charge to make for maintenance of people who attended Chief Judge's Court. Court of 1891: Natives were here for five weeks ; item, £150. £300 : I have personal knowledge that it cost Kemp fully this sum for maintenance of the people in Wellington during session of 1891. Next, the items amounting to £350 I have no knowledge of; but the people tell me Kemp must have expended at least that amount. Kemp's personal expenses, £500, is made up approximately. I should think it is reasonable. Miscellaneous payments: £30 paid to Dr. Buller, £5 paid to H. McDonald, £130 paid to Eu Eeweti, £23 10s. paid to W. S. Baker. Since I commenced my evidence I remember an item of £12 12s. that ought to be added. I saw it paid. Kemp remembers paying £115 to Cash in 1872. In 1873 Kemp thinks the account was taxed down from £800 to £400. In 1886, £75 paid to A. McDonald; £400 paid by H. McDonald to Baker, and a similar sum paid by J. McDonald to Mr. Baker. In 1890 Baker accepted £300 as balance of his account. I saw it paid. Kemp claims that he has paid Baker £1,400 altogether. Payment to myself of £631 was for period from March, 1890, to July, 1892. £32 12s. to Cuff was for Muaupoko in 1891. £28 lis. for Court-fees. £43 12s. paid to Eawiri Eota for acting as clerk. £940 paid to Edwards includes £100 deposit paid by Warena. £52 10s. to Skerrett. Kemp has told me that he takes the whole responsibility of the £2,098 Bs. 7d. payable to Sir Walter Buller. The statement shows a balance of £735 13s. sd. due by Kemp to tribe. There is no claim for Kemp's own share or for administering the estate. The £500 is part of his personal expenses— money out of pocket. Mr. McDonald : No questions. Cross-examined by Mr. Stevens. Witness : The first sum of £1,000 was not received by Kemp in one sum or annually. The tribe received it—the whole of the £1,000 —from Hector McDonald. The tribe received the greater part of the next item, £1,500. The Muaupoko know who of the Muaupoko received the money. I can't give the names. All Muaupoko to whom I have spoken admit the payments. I have not asked Wirihana Hunia or Himiona Kowhai whether they admit the payments. There was no money received from the railway company for the land conveyed to them. Kemp had not the use of the rent-moneys : they were paid direct to the people. The £2,098 is for a period during which Sir Walter Buller was acting for Kemp and the tribe—from 1892 to 1896. I don't know whether the account has been rendered by Sir Walter Buller to Kemp in detail. All my clients admit the present of £300 to Kemp at Wanganui. The 800-acre section was given to Kemp as a present. This is admitted by everybody. The sheep given by Kemp, although to individuals, were available for the tribe. I don't think Kemp has received any moneys besides those I have mentioned. Mr. Baldwin : No questions. Mr. Stevens took this opportunity of saying that he disapproved of the statement of accounts put in by Sir Walter Buller. He would put in a statement of accounts, and adduce evidence, to show that Kemp owed the Muaupoko more thousands than he said he owed hundreds. Mr. McDonald stated that after looking through the evidence he had come to the conclusion that the question of settling the issues of fact was of more importance than at first appeared. He therefore asked the Court, as he would be unable to be present, at any rate until mid-day tomorrow, to postpone the argument until Wednesday. Sir W. Buller suggested that Mr. McDonald should allow his application to stand over till the afternoon, when he would be in a position to say whether he could agree to it. Cross-examined by Henare Te Apatiri. Witness : £30 of Kemp's money was paid on account of Paki. I don't know that Paki received any other moneys. So far as I know, Paki has not lived on the block since 1876. The moneys seem to have been paid to the resident Muaupoko. I have not heard whether Pero Tikara received a share of the money paid to Muaupoko. I think he was living in Wairarapa at the time the